Hanover City Zoning Code

Intent. Lots, uses, structures, signs, and performance features that were lawful at the time of adoption or amendment of this chapter but which now do not meet the regulations of this chapter are considered non-conforming. It is the intent of this chapter to permit these non-conformities to continue until they are removed, but not to encourage furtherance of their non-conforming aspects, as these are considered incompatible with the goals of the Comprehensive Plan and the Zoning Ordinance.

Registration. Legal non-conformities should be reported to the Zoning Officer by the owner or occupant, and, upon proof of the legal origin of the non-conformity, be entered into a registry of non-conformities by the Zoning Officer after the effective date of this chapter. Should a non- conformity not be reported or identified, the owner of the non-conformity shall have the right to show by a preponderance of the evidence to the Zoning Officer that the non-conformity was legally in place upon the effective date of this chapter.

A lot of record lawfully in existence at the effective date of adoption or amendment of this chapter that does not comply with current lot area or width regulations or both shall be considered a non- conforming lot.

Development of non-conforming lots.

Any principal or accessory use lawfully in existence at the effective date of adoption or amendment of this chapter but not conforming to the current regulations of the district in which it is located or its specific use requirements shall be considered a non-conforming use.

Continuation. Non-conforming uses may be continued so long as they remain otherwise lawful, regardless of subsequent sales of the property.

Expansion. A non-conforming use may be expanded to occupy an area or intensity which is greater by 25% than the area occupied or intensity occurring at the effective date of adoption of this chapter or an amendment thereto, provided that such expansion is not detrimental to or does not alter the character of the neighborhood and that approval shall be granted via a Special Exception by the Zoning Hearing Board.

Change in use.

Damage or destruction. In the event that a non-conforming use is halted by fire, explosion or other cause beyond the owner's control, the right of such non-conforming use to exist at its current extents may continue, provided that necessary reconstruction or repair of buildings be commenced within six months from the date of the destruction or partial destruction of the building and carried to completion without undue delay.

Abandonment. If a non-conforming use of land or structure ceases operation for a continuous period of more than six months, then this shall be deemed to be an abandonment of such use, which presumption shall be rebuttable to the Zoning Hearing Board, and any subsequent use of the land or structure shall conform to the regulations of this chapter.

Any principal or accessory structure lawfully in existence at the effective date of adoption or amendment of this chapter but not conforming to the current regulations of this chapter shall be considered a non-conforming structure.

Repair and alteration. Ordinary maintenance, repair, replacement, alteration, and modernization may be made to a non-conforming building or structure, except that all such repairs and alterations shall not increase the structure's non-conformity.

Enlargement. A non-conforming structure shall not be enlarged in any manner which increases its non-conformity; any enlargement shall comply with the regulations of this chapter. A non-conforming structure may be altered or moved to decrease its non-conformity.

Damage or destruction. In the event that a non-conforming building is damaged or destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. In the event that such damage or destruction is 50% or less than the replacement costs of the structure, repairs or reconstruction may be undertaken, provided that such restoration is started within 12 months from the date of damage.

Any sign lawfully in existence at the effective date of adoption or amendment of this chapter but not conforming to the current regulations of this chapter shall be considered a non-conforming sign.

Repair and alteration. Ordinary maintenance and repair may be made to a non-conforming sign to continue its use, but a non-conforming sign shall not be enlarged, relocated, or structurally altered.

Damage or destruction. In the event that any non-conforming sign is damaged to the extent of 25% of its cost of replacement at the time of destruction, such sign shall not be restored or replaced.

Signs for discontinued uses. Signs accessory to a ceased or abandoned use shall be removed within 30 days.

Multiple non-conforming signs. If the non-conformity consists of too many freestanding signs on a single lot or an excess of total sign area on a single lot, the owner may determine which sign or signs shall be altered or removed to increase conformity.

Any physical improvements to a lot, including off-street parking lots, landscaping, lighting, stormwater management, which were lawfully in existence at the effective date of adoption or amendment of this chapter but not conforming to the current regulations, shall be considered non-conforming.

Repair and alteration. Ordinary maintenance and repair may be made to a non-conforming improvements to continue its use, but a non-conforming improvement shall not be enlarged, relocated, or structurally altered without being brought into conformity with applicable standards.

Redevelopment or enlargement. New or substantial reconstruction of a principal structure on a lot shall require any non-conforming improvements on that lot to be made conforming. Enlargement of a principal structure by more than 25% shall require existing non-conforming improvements on that lot to be made conforming.